- 7 - are unaware of, any other section providing such an exemption under these facts. Regardless of how the amount received from IBM is characterized, it cannot escape the broad provisions of section 61. Respondent also determined that petitioners are liable for an accuracy-related penalty under section 6662(a) for a substantial underpayment of tax. Section 6662(a) imposes a penalty in an amount equal to 20 percent of the portion of an underpayment to which that section applies. Section 6662(b)(2) provides that the penalty shall apply to any substantial underpayment due in tax.2 There is a substantial underpayment if the amount of the underpayment exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1)(A). If, however, the taxpayer discloses the relevant facts on the return and there is a reasonable basis for the position, the penalty does not apply. Sec. 6662(d)(2)(B)(ii). Petitioners attached Form 8275, Disclosure Statement, and a copy of the Release to their return. Those documents reflect the facts of the payment. In deciding whether there was a reasonable basis for petitioners' position, we bear in mind that petitioners' return was filed before the Supreme 2 Respondent's trial memorandum argues that the sec. 6662(a) penalty was attributable to negligence. The notice of deficiency refers to an underpayment penalty. Even if we were to consider the issue of negligence, our conclusion would be the same for the reasons subsequently stated herein.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011